DUI Information for Nebraska
60-6,196. Driving under influence of alcoholic liquor or drug; penalties.
- It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
- While under the influence of alcoholic liquor or of any drug;
- When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or
- When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
- Any person who operates or is in the actual physical control of any motor vehicle while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.
Nebraska DUI – statute(s)
- Rev.St. § 60-6,196.
Nebraska DUI – standard
- “It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle: . . . [w]hile under the influence of . . . of any drug.” Neb.Rev.St. § 60-6,196(1)(a).
Nebraska DUI – applicable substances
- Any drug.
Nebraska DUI – affirmative defense
Nebraska Per se – statute(s)
Nebraska Per se – standard
- N/A
Nebraska Per se – applicable substances
- N/A
Nebraska Per se – affirmative defense(s)
- N/A
Nebraska Implied consent – applicable drivers
- Any person who operates or has in his or her actual physical control a motor vehicle in Nebraska. Neb.Rev.St. § 60-6,197(1).
Nebraska Implied consent – tests authorized
- Chemical test or tests of his or her blood, breath, or urine. Neb.Rev.St. § 60-6,197(1).
Nebraska Implied consent – basis for test
- Person arrested may be subject to test if LEO “has reasonable grounds to believe” that the person was driving or in control of vehicle while under the influence. Neb.Rev.St. § 60-6,197(2).
- Test may be required if driver involved in a motor vehicle accident and LEO “has reasonable grounds to believe” that the person was driving or in control of vehicle while under the influence. Neb.Rev.St. § 60-6,197(4).
Nebraska Implied consent – evidence of refusal
- Driver’s refusal to submit to a chemical test is “admissible evidence in any action for a violation of § 60-6,196.” Neb.Rev.St. § 60-6,197(5).
Nebraska Implied consent – administrative / civil penalty for refusal
- Driver’s license revoked for one year. Neb.Rev.St. § 60-498.02(1).
